Intellectual Property Terms
LEGAL BASIS
- Intellectual Property Law (as amended in 2022) and its implementing documents;
- Cybersecurity Law 2025 (Luật An ninh mạng 2025, Law No. 116/2025/QH15) — on removal of infringing content upon lawful request;
- Law on E-Commerce 2025 (Law No. 122/2025/QH15) - on the responsibilities of intermediary service providers;
- Decree 131/2013/ND-CP (as amended and supplemented) on administrative penalties for copyright and related rights (Nghị định 131/2013/NĐ-CP);
- Decree 99/2013/NĐ-CP on administrative sanctions in the field of industrial property (as amended and supplemented by Decree 186/2026/NĐ-CP, effective 15 July 2026);
- The Penal Code 2015 (Bộ luật Hình sự 2015) — Article 225 on infringement of copyright and related rights; Article 226 on infringement of industrial property rights;
- The Civil Code 2015 (Bộ luật Dân sự 2015); DMCA §512 (United States) and the UDRP — applied by reference to content and disputes with an international element.
These terms elaborate on Articles 19 and 20 of the Terms of Service and form an integral part of that agreement.
PART A – INTELLECTUAL PROPERTY RIGHTS
Article 1. The Company's intellectual property
1.1. The Company's intellectual property comprises: (a) brands and trademarks — logos, the trade names “Phổ Tuệ” and “HiTechCloud”, slogans and the registered brand identity; (b) software, source code, algorithms and user interfaces developed by the Company; (c) creative content — text, images, video, graphic design and technical documentation; (d) protected inventions and technical solutions; (e) trade secrets — business processes and business methods; and (f) domain names associated with the Company's brands.
1.2. All of the intellectual property described above is the exclusive property of the Company and is protected under the Intellectual Property Law (Luật Sở hữu trí tuệ) and the international treaties to which Vietnam is a party.
Article 2. License granted to the Customer
2.1. When using the Service, the Customer is granted a limited license with the following characteristics: (a) scope — limited to the contracted Service; (b) term — equal to the term of the service contract; (c) nature — non-exclusive, non-transferable, non-sublicensable; (d) restrictions — no copying, distributing, modifying, or creating derivative works.
Article 3. Ownership of Customer content
3.1. The Customer owns all content and data that it creates and uploads to the system. The Company has no ownership rights whatsoever over Customer content and may process it only to the extent necessary to provide the service, in line with the Personal Data Protection Policy (PDPD).
Article 4. Customer obligations
4.1. The Customer may not: (a) copy, distribute, transmit or publish the Company's software or content; (b) reverse engineer, disassemble or decompile the software's source code; (c) remove or alter copyright notices, trademarks or watermarks; (d) use the Company's trade names or trademarks in advertising without permission; or (e) create a competing product based on the Company's software.
4.2. The Customer undertakes to upload only content that it fully owns or is licensed to use; bears full responsibility for any copyright infringement in the content it uploads; and shall indemnify the Company if Customer Content gives rise to an intellectual property dispute with a third party.
PART B - IP INFRINGEMENT COMPLAINTS AND ENFORCEMENT
Article 5. HiTechCloud's role
5.1. HiTechCloud is an intermediary service provider (hosting, cloud, digital infrastructure). It does not proactively monitor all Customer content and has no obligation to proactively search for infringing conduct. Intellectual property (IP) complaints are handled based on the documents and information supplied by the parties, in accordance with the E-commerce Law 2025 (Luật Thương mại điện tử 2025) and the Cybersecurity Law 2025 (Luật An ninh mạng 2025).
5.2. On receiving a lawful request from a competent authority, HiTechCloud cooperates in removing infringing content within the time limits set out in the Law on Cybersecurity 2025 (Luật An ninh mạng 2025): a maximum of 24 hours for ordinary infringing information, and a maximum of 6 hours for emergency situations involving national security.
Article 6. What a valid complaint notice must contain
6.1. The IP rights holder (or its authorized representative) sends a notice of complaint to abuse@photuesoftware.com (or report@photuesoftware.com), together with:
(a) Complainant details: for a business — name, enterprise code, registered office address and contact details, together with the enterprise registration certificate; for an individual — full name, telephone number and contact address, together with identity documents;
(b) Documents proving that you are the intellectual property (SHTT) rights holder or a lawful assignee of those rights; if acting as an authorized representative, attach a power of attorney that is lawful and valid in Vietnam;
(c) A description of the work or right infringed (title, original URL, evidence of ownership);
(d) The URL or an exact description of where the allegedly infringing content sits on HiTechCloud's systems;
(e) A written analysis or proof of the infringement, together with supporting documents and evidence;
(f) The complainant's undertaking that the information provided is accurate and that they are duly authorized to make the complaint.
6.2. For content with an international element, a notice under the DMCA §512(c) standard must additionally include the signature (electronic or physical) of the authorized person and a statement, under penalty of perjury, as to the accuracy of the information.
Article 7. Intake and handling process (including DMCA takedowns)
| Step | Action | Term |
|---|---|---|
| 1 | The complainant sends a valid notice to abuse@photuesoftware.com | Immediate |
| 2 | HiTechCloud confirms receipt of | Within 24 hours |
| 3 | HiTechCloud checks the validity and completeness of the file | Within 3 business days |
| 4 | Remove or block the reported content (if the claim is valid) | Within 5 business days |
| 5 | Notify the account holder (the party complained about) that the content has been removed | Within 1 day |
| 6 | Receive a counter-notice from the party complained about | Within 14 days |
| 7 | Restore the content if the counter-notice is valid and there is no court order | Within 10–14 days |
7.1. If the submission is not lawful, valid or complete, HiTechCloud will request further material; if the complainant does not respond within a reasonable period, handling of the complaint is closed.
7.2. Where the submission is valid, HiTechCloud may forward the complaint to the party complained against to obtain a response, and may act as an intermediary passing information between the parties.
Article 8. Consent to share information in order to resolve a complaint
8.1. In submitting a complaint notice, the complainant agrees that HiTechCloud may provide and share the information and documents supplied to the party complained against and/or to relevant third parties to the extent necessary to resolve the complaint. Processing of Personal Data during this procedure complies with HiTechCloud's Personal Data Protection Policy (PDPD).
Article 9. Responsibilities of the customer named in a complaint
9.1. On receiving a written warning and request for information from HiTechCloud, the Customer named in the complaint is responsible for responding and providing information through their registered email within 24 hours from receipt of the request.
9.2. Where the Customer does not respond within the deadline in clause 9.1, HiTechCloud applies the provisions of the Terms of Service and the related policies, including suspending or discontinuing the service.
Article 10. Policy on repeat infringers
10.1. An account with 3 violations in 12 months will be suspended and investigated. An account committing a serious violation (large-scale distribution) may be locked immediately. HiTechCloud reports serious violations to law enforcement.
Article 11. Preventing abuse of the complaint process, and disclaimers
11.1. Abuse of the complaint procedure may harm the lawful rights and interests of HiTechCloud, the respondent, and/or third parties. If a complainant abuses the procedure and causes damage, that party must compensate the full amount of the damage, including reasonable attorney's fees; HiTechCloud also reserves the right to refuse to process that party's future complaints.
11.2. HiTechCloud is only an intermediary service provider; complaint handling is necessarily relative, based on the documents and information supplied by the parties. HiTechCloud is exempt from liability where its complaint-handling decision differs from the final conclusion of a competent state authority.
Article 12. Sanctions for IP infringement
12.1. Administrative violations: for copyright and related rights — under Decree 131/2013/NĐ-CP (Nghị định 131/2013/NĐ-CP), as amended and supplemented; for industrial property — under Decree 99/2013/NĐ-CP (Nghị định 99/2013/NĐ-CP), as amended and supplemented by Decree 186/2026/NĐ-CP.
12.2. Criminal violations: may be prosecuted under Article 225 (infringement of copyright and related rights) and Article 226 (infringement of industrial property rights) of the Penal Code 2015 (Bộ luật Hình sự 2015).
12.3. Civil damages: under the civil remedy provisions of the Intellectual Property Law (Luật Sở hữu trí tuệ) and the Civil Code 2015 (Bộ luật Dân sự 2015); a court may grant provisional emergency measures to stop the infringing conduct.
Article 13. Intellectual property dispute resolution
13.1. Intellectual property disputes are resolved first through negotiation and mediation. Failing that, the dispute is resolved at the competent People's Court in Ho Chi Minh City, consistent with the dispute resolution section of the Terms of Service.
13.2. Vietnamese law applies to disputes with a foreign element; domain name disputes may instead be handled under the UDRP or the rules of the relevant registrar.
13.3. The limitation period for claims follows the Civil Code 2015 and sector-specific legislation.
These terms take effect on 1 July 2026 and supersede all previous versions. The Vietnamese version prevails.
